If I want to resign my recent appointment of executrix to my mother’s troubled estate, shouldn’t I be able to do this?

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If I want to resign my recent appointment of executrix to my mother’s troubled estate, shouldn’t I be able to do this?

My mother passed away 5 months ago. My brother and I were named in her Will as co-executors but he declined and I accepted the appointment. He is listed as my agent. I live out of state and now I am facing serious financial hardship as well as my husband’s illness. I asked the court for a declination form and they told me I would have to find an administrator to succeed me before they would accept my resignation. My mother’s estate is fraught with debts and I frankly don’t need the addition financial drain. What can I do? Doing the right thing has only got me more hardship.

Asked on January 11, 2012 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that you are having.  I can surely understand the problems with having to adminsiter an estate from out of state and then your own life that has taken some serious turns.  So you may have to ask the attorey for the estate to make a motion to allow you to decline your fiduciary position and ask that a public administrator be appointed should no one else step up to the plate.  You can not be forced in to having to be the fiduciary if it casues you hardship.  Good luck.


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